Cactus Mailing Company Terms & Conditions of Service

1. Postal Delivery and Handling: Cactus Mailing has no control over the U.S. Postal Service. When we deliver a client’s mailing to the post office it is inspected for proper preparation and if approved accepted into the mail stream. Cactus Mailing will provide the client a copy (in pdf format) of the 3600-R for First Class Mail or 3602-R for Standard Mail. This document originates from the US Postal Service’s Postal One website and is often referred to as a “postage receipt” or “receipt of mailing”. Client agrees that this document shall constitute proof of delivery and that Cactus Mailing has completed its obligation and that Cactus Mailing has no further obligation or liability for the mailing. Client understands that there is always a possibility that the U.S. Postal Service will delay, damage, or lose mail. Under no circumstance will Cactus Mailing be held responsible for delays in delivery, damage to the mail pieces, or loss of mail after it has been accepted by the Post Office.

Mail Tracking is accomplished by embedding a code in the barcode of each mail piece which is then scanned at various stages throughout the mail delivery process. As the Post Office does not always scan every piece at every location – The client acknowledges that Cactus Mailing is not responsible for missed scans, incomplete data, inaccurate reports, late deliveries or lost mail and that all contact with the Post Office regarding delivery issues is the responsibility of the client.

2. Every Door Direct Mail (EDDM): All mailings prepared for the USPS’s Every Door Direct Mail program are prepared in accordance with the USPS’s published guidelines. Cactus Mailing is not responsible for deviations or special requirements that local post offices may request or require. Additionally, client understands that the US Postal Service is aggressively closing Post Offices and also changing the delivery areas of Post Offices. Client agrees that Cactus Mailing is not responsible for any delays or issues that result from changes made by the Postal Service that occur after we prepare the mailing.

3. Quotations: Prices obtained from Cactus Mailing are subject to change without notice. Cactus Mailing reserves the right to end any special offers, incentives, or pricing at any time. In the event a product is listed or quoted at an incorrect price for any reason- Cactus Mailing shall have the right to refuse or cancel the order

4. Payment Terms: Cactus Mailing requires payment in full at the time the order is placed. A $50.00 fee will be charged on all returned checks in addition to the original amount due. Any resubmitted checks will be held for up to 8 business days to ensure they have cleared before any additional work will be performed or mail delivered to the post office. Additionally, you agree that should a check be returned to us – you authorize Cactus mailing to charge all outstanding payments to any other form of payment (such as a credit card) that you have used with Cactus Mailing in the past.

5. Order Cancellation: Orders may be cancelled by notice in writing or via e-mail. It is the client’s responsibility to confirm Cactus Mailing has received the order cancellation notification. For orders cancelled prior to approving the proof, the client will receive a refund or credit based on the order amount minus the cost for any work already performed and at Cactus Mailing’s sole discretion may include an order cancellation fee of $150 or 15% of the project total whichever is greater. No refunds or company credits will be issued for orders that are cancelled after the proof has been approved and thereby giving authorization to proceed with printing. For orders that are cancelled greater than 45 days after the date the order was placed no refunds or credits will be given with the exception of prepaid postage.

6. Inactive Projects: Projects in which the client fails to respond to information requests and/or payment requests in a timely manner (14 days) shall be placed on hold. When the requested information or payment is received the project will be returned to active status. If a project remains on hold for more than 90 days it shall be considered completed, closed out, and no refunds or credits will be issued. Any projects placed on hold a second time will be immediately closed out and no refunds or credits issued. If a client needs to place their project on hold they may submit an e-mail requesting the project be put on hold and the date that they intend to proceed with the project. The client shall have 30 days past the date provided in the e-mail to proceed with the project or the project will be considered completed, closed out, and no refunds or credits will be issued.

7. Warranty: Cactus Mailing at its sole option will repair or reprint any order that contains abnormal imperfections, or where we have failed in your written instructions. Cactus Mailing at its sole option may elect to provide a prorated credit in lieu of a reprint if the shortage, defective or damaged portion of an order does not exceed 20% of the ordered amount. Claims for defects, damage or shortages must be made in writing and must be received by Cactus Mailing within 5 days of receipt or within 14 days of the mail date whichever is sooner.

8. Proofs: The client is 100% responsible for proofreading the design prior to approving the proof and thereby giving authorization to proceed with printing. This includes designs and/or artwork submitted by the client and designs and/or artwork created or modified by Cactus Mailing and presented to the client for review and approval. The client is also 100% responsible for ensuring the design meets postal regulations and any additional postage required as a result of the mail piece design.

9. Production Schedule and Turnaround Time: Deliver schedules, turnaround times and other similar terms used by Cactus Mailing merely reflect the average completion time of similar orders and will be affected by run lengths, special customer requirements, workloads, holidays, or equipment breakdowns and is not contractual. It is the client’s responsibility to plan time sensitive mailings far enough in advance to accommodate any delays that may occur. Cactus Mailing will not give refunds and/or credit as a result of unforeseen delays that affect the project schedule. For Expedited Projects if Cactus Mailing does not print or ship the project on schedule – the client will be entitled to a refund of the expedite fees paid but the project may not be cancelled.

10. Postage: For quotations that do not include postage – a postage estimate is provided for budgetary purposes. Cactus Mailing will notify the customer in writing or by e-mail of the required postage as soon as this amount is known and will notify the customer of the date when the postage is needed in order to complete the mailing prior to the agreed upon mailing date. Payment of postage is required by 12pm Arizona time 3 business days in advance on all orders and is the responsibility of the customer to remit payment on time and confirm that Cactus Mailing has received it. Cactus Mailing at its sole discretion reserves the right to hold mailings for which sufficient postage has not been paid or until by Cactus Mailing’s sole determination postage payment has cleared.

11. Acceptance of Order: Cactus Mailing may refuse at any time to mail any copy, photographs or illustrations of any kind that in Cactus Mailing’s sole judgment is an invasion of privacy, is degrading, libelous, unlawful, profane, obscene, pornographic, tends to ridicule or embarrass, or is in bad taste, or which in the mailer’s sole judgment is an infringement on a trademark, or trade name, or service mark, or copyright belonging to others. The customer will defend and hold Cactus Mailing harmless in any suit or court action brought against the mailer by others for alleged damages, costs, expenses (including reasonable attorney’s fees), liabilities or losses resulting from circumstances where Cactus Mailing, acting as the customer’s agent, uses copy, photographs, or illustrations that are believed by others to be degrading, libelous or harmful to their reputations, images, or standing in the community or which in Cactus Mailing’s sole judgment is an infringement on a trademark, or trade name, or service mark, or copyright belonging to others, or in a suit or court action brought against Cactus Mailing for actions of the customer’s employees which may occur as a result of any mailing.

12. Mailing Lists: The industry average for returns on non-deliverable mail (even after list processing (CASS, PAVE, & NCOA) is between 10% and 15%. If the list you use for your mailing was purchased/rented through Cactus Mailing we will assume responsibility only for amounts above 10% on consumer lists and 15% on business lists and only if the list has been used within 60 days of purchase / rental. Cactus Mailing will give a credit of $.40 towards future services for any amount returned over 10% on consumer lists and over 15% on business lists. To obtain such credit the client must return all of the returned mail pieces to Cactus Mailing prior to the issuance of any credit. Credits must be used within 1 year of issue. Unless otherwise specified in writing in advance, all rented mailing lists are provided on a one-time use basis.

13. Color Matching: Because of the differences in equipment, paper, inks, and other conditions a variance between electronic proofs and the completed job is expected, unavoidable, and shall constitute acceptable delivery. Cactus Mailing will make every effort to produce a reasonable representation based on materials supplied by the client and the proof produced by Cactus Mailing, however, Cactus Mailing does not guarantee color matching.

14. Shipping: Cactus Mailing has no control over the U.S. Postal Service, United Parcel Service or any other common carrier’s delivery schedule and cannot guarantee when mail or shipments deposited with or released to these carriers will be delivered.

15. Ownership of Materials / Designs: All materials and electronic files that Cactus Mailing creates in producing the client’s mail piece are the property of Cactus Mailing and can only be used for printing and/or mailing projects produced by Cactus Mailing. Client agrees not to redistribute or recreate the design or any portion of the design. Cactus Mailing will not release any design files (other than low resolution proofs) for any reason. Unless prior agreement in writing, Cactus Mailing reserves the right to distribute samples of the client’s mail piece and include the client’s mail piece and or images of the mail piece in portion or its entirety in Cactus Mailing’s marketing efforts including on any website owned by Cactus Mailing. Additionally, Cactus Mailing reserves the right to reuse concepts and artwork created by Cactus Mailing in designs for other clients.

16. Errors in Mailing: Damages shall be limited to the value of the work performed excluding the cost of postage. At the sole discretion of Cactus Mailing we will either refund the services cost of the project (excluding postage) or prepare a corrected mailing. For corrected mailings the client is responsible for the postage due to mail the corrected mailing. In no case is Cactus Mailing liable for loss of business; incidental or consequential damages; or costs in excess of billing for services related to the specific job.

17. Storage of Materials: Cactus Mailing will store materials that we print at no charge as long as the client sends out a mailing at least every 90 days. If 90 days pass and the client has not sent out a mailing, paid to have the material shipped to them, or authorized Cactus Mailing to dispose of the material- they will be sent a storage invoice in the amount of $5/1000 pieces stored per month. If the client does not pay the storage invoice within 15 days of receipt the materials will be disposed of. If the client does pick-up the material, pay to have the material shipped to them, or authorize Cactus Mailing to dispose of the material, any prepaid mailing service fees will be kept in lieu of storage fees. As prepared mailings take up considerably more space then materials stored in boxes – prepared are charged a premium storage rate of $5/1000 pieces per week starting 2 weeks after the mailing was prepared until the mailing is mailed out.

18. EDDM Mailings: On EDDM mailings, if necessary Cactus Mailing will set-up an account with the USPS on behalf of the client. Cactus Mailing prepares EDDM mailings in accordance with our understanding of the EDDM regulations. Cactus Mailing is not responsible for any delays and/or costs as a result of differences preparation requirements by individual post offices.

19. Printing and Mailing Quantities: Printing and mailing services are provided using high speed automated production equipment. As typical with most production processes – some scrap is normal and expected. Because of this deliver or mailing of +/- 5% of ordered quantity shall constitute satisfactory completion of the order.

20. Response to Mailings: Cactus Mailing does not guarantee response rates to mailings. Any response rates discussed by Cactus Mailing, its Employees, contained in its marketing material or on its website are only projections of potential response rates. Absolutely no refunds will be given based on low or no response rates.

21. Severability of Provisions: In a court of law if any of the provisions of this document are found unenforceable the remainder of the provisions shall remain in full force and effect.